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This
page uses Adobe Acrobat Reader, Version 6.0 to view Declaratory
Statements.
Mail
Hard Copy To:
Mail Request for Declaratory
Statements to Paula Ford, 2555 Shumard Oak Blvd., Tallahassee,
FL 32399
CD Copy Requested, but NOT Required
Please submit an
electronic copy of the Declaratory Statement and associated
documents, in addition to a hard copy. Although not currently
required by the rule, electronic filing will facilitate the
Commission's movement toward utilizing CD technology to review
at the meetings. Failure to submit electronically will NOT have
any bearing on whether the petition is heard by the Commission.
What
is a Declaratory Statement?
A declaratory statement is the administrative process by
which the commission resolves controversy or answers questions
concerning the applicability of a statute, rule, or order, to
a particular situation.
Commission
Declaratory Statement Process
1)
Review of Petition - Appropriate TAC
or POC and legal staff review, including consideration of public
comment, and recommendation to the Building Commission.
2)
First Hearing - Commission Review and Proposed Action
- Recommendation by TAC/POC or legal staff, Commission questions,
and public comment, i.e., petitioner's rationale/comments, general
public comment, and petitioner's response to posted public comment.
The next segment includes questions from the Commission members
(through the Chair), with motion and second on the petition
for proposed action. Finally, a discussion by the Commission
only, followed by a Commission vote for proposed action to be
considered at the Commission's next plenary meeting. The Chair
may refer back to TAC/POC for additional review and recommendations
at the next Commission meeting.
3)
Second Hearing - Commission Action on Petition
- Commission review of the previous proposed action,
additional public comment, motion and second on the petition,
discussion by Commission only, and final vote/action by the
Commission on the motion.
How
to Request a Declaratory Statement
Click
on the following links to read about the use and purpose of
Declaratory Statements. The second page of the Uniform Rules
for Declaratory Statements shows instructions for how to properly
fill out each section of the Petition.
Requests
for Declaratory Statements
Commission Draft Responses for
Public Comment will be finalized at the next Commission
Meeting. All
Proposed Commission Actions contain Staff Analysis, Committee
Recommendations and Commission Drafts.
Date
Received
|
Description
|
Dec.
Number
|
Proposed
Commission Action
|
September
2005 |
09/14/05 |
Thomas
J. Baird, Esquire, on behalf of the
Okeechobee County Board of County Commissioners, County
Administrator George Long and
Building Official Arnold Verwey regarding whether the
use of 7/16 inch oriented strand board
applied over the exterior walls of a manufactured building
regulated pursuant to Part I, Chapter
553, F.S., is an exception to the requirement for a moisture
barrier on exterior walls pursuant to
s. 2303.3(A), Florida Building Code, Building Volume (2001,
as amended 6/03).
|
DCA05- DEC-173 |
Pending 1st Review |
August
2005 |
08/08/05 |
GrayStone
of Florida, Inc. regarding whether decorative cementitious
coating is subject to product approval pursuant to Rule
9B-72, Fla. Admin. Code.
|
DCA05- DEC-159 |
Pending 1st Review |
08/16/05 |
WCI
Communities, Inc., regarding the
requirements of sections 506.1, 506.3 and 506.4, Florida
Building Code, Building Volume
(2004) and the area increase credit for sprinkler systems
installed in accordance with NFPA 13
and NFPA 13 R. |
DCA05- DEC-162 |
Pending 1st Review |
|
07/28/05 |
William
Shoolbred, Elixir Industries, regarding the application
of Rule 9B-72, Fla. Admin. Code, to petitioner’s
product, a roof-over system made of aluminum.
|
DCA05- DEC-151 |
Pending 2nd Review |
07/20/05 |
Stoughton
Homes, Inc. regarding whether sprinklers are required
on single family residential buildings greater than three
stories pursuant to s. 324.1 of the Florida Building Code,
Residential Volume (2004).
|
DCA05- DEC-142 |
Pending 2nd Review |
07/18/05 |
Stoughton
Homes, Inc. relating to s. 302.2, Florida Building Code,
Residential Volume (2004) and whether or not openings
are permitted on an exterior wall facing a zero lot line
with a 10 foot separation between buildings.
|
DCA05- DEC-136 |
Pending 2nd Review |
07/11/05 |
Vipin
N. Tolat, P.E., relating to the requirements
of Rule Chapter 72, Fla. Admin. Code, and the interrelation
of parties performing evaluations,
quality assurance and validations.
|
DCA05- DEC-135 |
Pending 2nd Review |
|
06/17/05 |
Karins
Engineering Group, Inc. relating to s. 1610
and 1612 of the Florida Building Code, Building Volume,
(2001, as amended June, 2003) and s.
1604.3 and 1613 of the Florida Building Code, Building
Volume (2004) as they pertain to
composite aluminum/fiberglass translucent panels used
in skylights, translucent panelized wall
and window applications that do not support brittle components
finishes or other items.
|
DCA05- DEC-113 |
Pending 2nd Review |
06/03/05 |
State
Farm Florida Insurance Company regarding the application
of sections 3401.7 and 103, Florida Building Code, Building
Volume (2001, as amended June, 2003) to replacement of
a storm damaged roof.
|
DCA05- DEC-095 |
Pending 1st Review |
06/02/05 |
American
Forest & Paper regarding the minimum thickness of
wood structural panel sheathing for roofs of one and two-family
dwellings pursuant to Florida Building Code, Building
Volume or Residential Volume (2004).
|
DCA05- DEC-094 |
Pending 1st Review |
|
05/20/05 |
Walker
Parking Consultants regarding the application of sections
1607.9 and 406.3.6, Florida Building Code, Building Volume
(2004) to passenger facility garages.
|
DCA05- DEC-089 |
Pending 1st Review |
05/18/05 |
John
L. Clinton, Class 1, Inc. regarding the addition of ASTM
D6380 applicable in the State of Florida pursuant to the
Florida Building Code, Building Volume (2004), section
1507.3.3.
|
DCA05- DEC-088 |
Pending 1st Review |
|
|
06/02/05 |
American Forest & Paper regarding
the minimum thickness of wood structural panel sheathing
for roofs of one and two-family dwellings pursuant to
Florida Building Code, Building Volume or Residential
Volume (2004).
|
DCA05- DEC-094 |
Pending 1st Review |
|
02/28/05 |
John
Alford, P.E., regarding whether an engineer of record
is required to submit sprinkler head locations, cross
main and branch line layouts for the general building
permit pursuant to Rules 61G15 – 32.002 – 32.004, Florida
Administrative Code, and Section 104.3.1.1, Florida Building
Code, Building Volume (2001, as amended June, 2003).
|
DCA05- DEC-042 |
Pending 1st Review |
02/17/05 |
Broward
County Board of Rules and Appeals regarding whether a
single wall separating a town home unit is required to
be defined as an exterior wall subject to wind and water
intrusion pursuant to s. 704.4.2, Florida Building Code,
Building Volume (2001 as amended 6/30/03).
|
DCA05- DEC-038 |
Pending 1st Review |
02/11/05 |
Florida
Propane Gas Association regarding the application of Ch.13,
Florida Building Code, Building Volume (2001 as amended
6/30/03) to tankless water heaters.
|
DCA05- DEC-034 |
|
02/10/05 |
Collier
County Fire Control & Rescue Districts regarding relative
authority of a Fire Official and Building Official pursuant
to §§ 553.73 and 553.79(2), F.S.
|
DCA05- DEC-035 |
Pending 1st Review |
02/09/05 |
Stephan
Manufacturing regarding the composition of return air
grills pursuant to s. 603.15, Florida Building Code, Mechanical
Volume (2001 as amended 6/30/03).
|
DCA05- DEC-032 |
Pending 1st Review |
02/09/05 |
Gresham
Smith and Partners on behalf of Tampa International Airport
regarding interpretation of the term “stand alone garage,”
pursuant to s. 553.895, F.S., when the garage in question
includes elevators, lobbies and toilet rooms.
|
DCA05- DEC-31 |
Pending 1st Review |
|
01/11/05 |
City
Glass & Mirror, Inc. regarding criteria for local
amendments to the Florida Building Code and requirements
for impact resistance of exterior openings above 60 feet
in high velocity wind zones.
|
DCA05- DEC-010 |
Pending 1st Review |
|
12/30/2004 |
A
& A Arnold Associates, Inc. regarding renewal fees
for products pursuant to Rule 9B-72.090(2)(a), Fla. Admin.
Code.
|
DCA04- DEC-257 |
Pending 1st Review |
|
10/04/2004 |
The Bilco Company inquires
regarding whether Rule 9B-72.005, Fla. Admin. Code, requires
product approval of roof access hatches or roof scuttles.
|
DCA04- DEC-195 |
Pending 1st Review |
10/06/2004 |
Lake Square Aluminum, Inc.
inquires regarding whether Articles 250 and 545, National
Electric Code, require the installation of a grounding
rod on a screen room enclosure.
|
DCA04- DEC-196 |
Pending 1st Review |
|
09/01/2004 |
City of Coral Springs, Building
Division, regarding whether electrical permitting and
an inspection on a satellite dish installation is required
by the Florida Building Code.
|
DCA04- DEC-171 |
Pending 1st Review |
09/20/2004 |
Unincorporated Palm Beach
County - Building Division, inquires regarding whether
an interpretation of Section 1816.1.7, Florida Building
Code, requires a signed contract for a minimum of five
years.
|
DCA04- DEC-188 |
Pending 1st Review |
09/29/2004 |
CBS Builders Supply inquire
regarding whether Rule 9B-72 or Rule 9B-1, Fla. Admin.
Code, allows for the installation of house wrap weatherization
products on wood exterior walls intended for site built
homes and constructed in a manufacturing plant.
|
DCA04- DEC-192 |
Pending 1st Review |
|
08/20/2004 |
Suncoast Post-Tension inquires
regarding whether live load reduction according to the
Florida Building Code is permitted in the design of a
two way flat post-tensioned slab.
|
DCA04- DEC-165 |
Pending 1st Review |
08/18/2004 |
Palm Beach County - Building
Division inquires
regarding whether it is acceptable to indicate a higher
allowable design pressure than tested on
certain smaller windows without testing.
|
DCA04- DEC-163 |
|
08/17/2004 |
Palm Beach County - Building
Division inquires
regarding whether a roof access hatch falls under a category
of products covered by the Product
Approval Rule 9B-72, Fla. Admin. Code.
|
DCA04- DEC-161 |
|
08/9/2004 |
Assa Abloy Group regarding
whether the components described in the petition are subject
to Product Approval pursuant to Rule 9B-72.060(2), Fla.
Admin. Code.
|
DCA04- DEC-157 |
|
|
07/28/2004 |
Collier County Fire Control &
Rescue Districts inquires regarding clarification of what
items shall be included pursuant to Section 104.4.1.3,
Florida Building Code, when discerning whether a fire
detection and alarm system costs exceed $5,000.
|
DCA04- DEC-147 |
Pending 1st Review |
07/09/2004 |
Palm Beach County - Building Division
inquires regarding whether the Florida Building Code wind
load requirements apply to individual sides/top panels
in metal buildings.
|
DCA04- DEC-145 |
Pending 1st Review |
|
06/26/2004 |
Stephen P. Maslan & Co.,
with regards to whether or not American Steel Span Quonset
Hut Metal Buildings fabricated falls under any of the
sub categories of Rule 9B-72, Florida Administrative Code.
|
DCA04- DEC-123 |
|
May
2004 |
05/26/2004 |
Fenestration Manufacturers Association,
Inc. regarding the requirements for local and state approval
of windows and doors including evaluation, testing, certification
and validation pursuant to Rule 9B-72, Florida Administrative
Code, and 553.842, Florida Statutes.
|
DCA04- DEC-117 |
|
05/12/2004 |
Palm Beach County - Building Division
regarding Section 706.3, Florida Building Code, Plumbing
Volume (2001, as amended 7/1/2003) and the application
of offset closet flanges for use in connecting a water
closet to a sanitary drainage pipe.
|
DCA04- DEC-110 |
|
05/12/2004 |
Structural Systems, Inc. regarding
the appropriate exposure category of a structure under
Section 1606.1.8, Florida Building Code, Building Volume
(2001 as amended 7/1/03).
|
DCA04- DEC-109 |
|
05/11/2004 |
Tamtech
Services, Inc., with regards towhether an identified and
described product complies with the requirements of Section
424.2.6.6.4 of the Florida Building Code, Building Volume,
(2001, as amended 6/03).
|
DCA04- DEC-108 |
Withdrawn |
|
04/30/2004 |
Mitchell and Associates regarding
whether Section 1003.3.1, Florida Building Code, Plumbing
Volume, requires a grease trap and grease interceptor
to be located in a bar that has no food service facilities.
|
DCA04- DEC-090 |
Dismissed 06/04 |
04/05/2004 |
Building Code Solutions regarding
the design of a
raised concrete support for the threshold of a sliding
glass door used as an exit door.
|
DCA04- DEC-077 |
|
|
03/09/2004 |
All Broward Hurricane Panel,
Inc., regarding statewide product approval and the need
to submit signed and sealed drawings each time it
wishes to submit for a permit from a local jurisdiction.
|
DCA04- DEC-051 |
|
03/15/2004 |
Lisa Blackstone, V.P., Close
It!, L.L.C. regarding a determination whether the Automatic
Sliding Glass Door Closing System is a Structural Component
under Rule 9B-72, Florida Administrative Code.
|
DCA04- DEC-066 |
|
03/19/2004 |
John K. McCall, Ph.D., P.E.,
regarding requirements for protection of glazing from
wind borne missiles for a structure designed as partially
enclosed.
|
DCA04- DEC-067 |
|
03/23/2004 |
Palm Beach County regarding
numerous questions concerning the application and interpretation
of Rule Chapter 9B-72, Florida
Administrative Code.
|
DCA04- DEC-069 |
|
03/25/2004 |
Ruffin Building Systems regarding
the application of Rule 9B-72.010, Fla. Admin. Code, to
pre-engineered metal building roof and wall panels. |
DCA04- DEC-070 |
|
03/26/2004 |
National Engineering Corp.,
regarding the sizing of grease interceptors installed
in restaurants.
|
DCA04- DEC-072 |
|
03/29/2004 |
Gil Hyatt Construction regarding
detectible
warning surfaces and curb ramps in an accessible path
of travel.
|
DCA04- DEC-074 |
|
|
02/13/2004 |
Sarasota County regarding the
inspection and testing of backflow prevention devices
and assemblies. |
DCA04- DEC-040 |
|
|
12/05/2003 |
KAMM Consulting, Inc. regarding requirements of the Florida
Building Code as they relate to a building space above
the ceiling and below the roof and whether that space
can be conditioned if sufficient insulation is applied
to the underside of the roof sheathing and the ventilation
requirements of the Code as they apply to such a space.
|
DCA03-
DEC-325 |
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Finanalized Declaratory Statements
Search the Building Code Information
System for finalized Declaratory
Statements.
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